The Vermont legal process for divorce begins when one spouse files a complaint for divorce with the Family Division of the Superior Court. This initial document, called the complaint, officially starts your case and tells the court and your spouse that you're seeking to end the marriage.
The complaint must include specific information like both spouses' names and addresses, the date and location of your marriage, whether you have minor children, and the grounds for divorce. Vermont allows both no-fault divorce (based on living separate and apart for six months) and fault-based grounds like adultery or intolerable severity.
You'll file your complaint in the county where either you or your spouse lives. Along with the complaint, you'll need to pay a filing fee. As of 2025, the fee is $295 for a contested divorce or $90 for a stipulated (uncontested) divorce if one spouse is a Vermont resident. If you can't afford the fee, you can request a fee waiver by filling out an application.
For uncontested divorces, you can file a complete stipulation agreement along with your complaint. This agreement covers all divorce terms, including property division, spousal support, and, if you have children, custody and child support arrangements. Filing everything together can significantly speed up the Vermont legal process.
Serving Your Spouse with Divorce Papers
After filing your complaint, you must properly serve your spouse with the divorce papers. Service means officially delivering copies of all documents to your spouse so they know about the case and can respond. The Vermont legal process has specific rules about how service must happen.
In an uncontested divorce, the easiest method is to have your spouse sign an Acceptance of Service form. This shows they received the papers and acknowledged that the divorce case exists. You file this signed form with the court, and service is complete.
For contested divorces or when your spouse won't cooperate, you have other service options. You can mail the papers by certified mail with a return receipt requested and delivery restricted to your spouse. A sheriff or constable can personally deliver the documents. If you can't locate your spouse, you may need to publish a notice in a newspaper after getting court permission.
You must complete service within 60 days of filing your complaint. If you miss this deadline, the court may dismiss your case, forcing you to start the Vermont legal process over from the beginning.
Your Spouse's Response
Once served with divorce papers, your spouse has 21 days to file an answer. The answer responds to each allegation in your complaint, either agreeing or disagreeing with your statements. Your spouse can also file counterclaims, which are their own requests for relief, like property division or spousal support.
If your spouse doesn't file an answer within 21 days, you can request a default judgment. This means the court may grant your divorce based solely on what you requested in your complaint since your spouse didn't participate in the Vermont legal process.
In contested cases where your spouse disagrees with your divorce terms, their answer will explain their position. This sets up the issues the court will need to resolve through the rest of the legal process.
Financial Disclosures and Discovery
An important part of the Vermont legal process involves exchanging financial information. Both spouses must complete and file financial affidavits with the court. These forms detail your income, expenses, assets, and debts.
Vermont requires two types of financial affidavits: one for income and expenses, and another for property and assets. You must attach documentation like pay stubs, tax returns, and bank statements to verify the information you provide. Being thorough and honest is crucial because courts can penalize spouses who hide assets or provide false information.
If you have minor children, financial affidavits are mandatory. Even without children, the court usually requires these forms to make fair decisions about property division and spousal support.
The discovery phase allows both parties to gather additional information beyond the financial affidavits. Discovery tools include interrogatories (written questions the other party must answer under oath), requests for documents, and depositions (in-person questioning under oath). Discovery helps both sides understand the complete financial picture and build their case.
Case Management and Court Conferences
After the initial paperwork is filed, the court may schedule a case management conference. During this conference, both spouses (and their attorneys if they have them) meet with a court official to discuss the case status, identify disputed issues, and set deadlines for completing discovery or filing motions.
The judge might order mediation to help couples resolve disputes without going to trial. Vermont courts encourage mediation because it's faster and less expensive than having a judge decide everything. A neutral mediator helps couples negotiate agreements on property, support, and parenting issues.
The Vermont legal process includes mandatory parenting education for couples with minor children. The Coping With Separation and Divorce (COPE) program helps parents understand how divorce affects children and teaches skills for co-parenting effectively.
Waiting Periods in the Vermont Legal Process
Vermont has specific waiting periods that affect how quickly your divorce can be finalized.
- First, you must live separately and apart for six consecutive months before the court can hold your final hearing. Living separate and apart means you're living separate lives, though you can still live under the same roof if you maintain separate bedrooms and don't have a marital relationship.
- Second, if you filed as a Vermont resident, the court won't hold the final hearing until you've lived in Vermont for one full year. This residency requirement can delay your divorce if you recently moved to the state.
- Third, if you have minor children together, the court must wait six months from when you filed the case before holding the final hearing. These waiting periods can overlap, so you might only wait six months total rather than adding up all the different requirements.
Temporary Orders During the Vermont Legal Process
While your divorce is pending, the court can issue temporary orders to address immediate needs. Either spouse can request temporary orders for spousal support, use of the family home, payment of bills, or parenting arrangements if you have children.
Temporary orders remain in effect until the court issues the final divorce decree. They provide stability and structure during the Vermont legal process, which can take many months to complete.
To get temporary orders, you file a motion explaining what you need and why. The court typically schedules a hearing within a few weeks, where both spouses can present their positions. The judge then decides what temporary arrangements are appropriate based on each family's circumstances.
Settlement Negotiations
Most Vermont divorces settle before trial. Throughout the Vermont legal process, couples have opportunities to negotiate and reach agreements on disputed issues. Your attorneys (if you have them) will likely have settlement discussions to see if you can resolve some or all issues without the judge deciding.
Settlement benefits both parties because it gives you control over the outcome rather than leaving everything to the judge's discretion. It's also faster and less expensive than going to trial.
Even if you can't agree on everything, settling some issues shortens any trial time needed. The court can focus only on the remaining disputed matters rather than deciding every aspect of your divorce.
Preparing for Trial
If settlement negotiations fail, your case proceeds to trial. Trial preparation involves finalizing your witness list, organizing exhibits (documents and other evidence you'll present), and preparing to testify about the disputed issues.
The Vermont legal process requires parties to exchange trial exhibits before the hearing, so there are no surprises. Both sides must provide copies of documents they plan to introduce as evidence.
Trials can last anywhere from a few hours for simple cases to several days for complex divorces involving substantial assets, businesses, or difficult custody disputes. Your attorney will help you prepare to testify and understand what to expect during the trial.
The Final Hearing
At the final hearing, both parties present evidence and testimony to the judge. In Vermont divorces, judges (not juries) make the decisions unless you specifically requested a jury trial in your original complaint.
The spouse who filed the complaint (the plaintiff) presents their case first. They can testify, call witnesses, and introduce documents supporting their positions on property division, support, and parenting issues. The other spouse (the defendant) can cross-examine these witnesses to challenge their testimony.
Then the defendant presents their case with witnesses and evidence, and the plaintiff can cross-examine. After both sides finish presenting evidence, each makes a closing argument explaining why the judge should rule in their favor.
The judge may issue a decision immediately after the hearing, or may take the matter "under advisement" and issue a written decision days or weeks later. The judge's decision addresses all outstanding issues, including property division, debt allocation, spousal support, and if applicable, parenting rights and child support.
The Divorce Decree and Nisi Period
When the judge issues the final divorce decree, it includes all the terms of your divorce. However, in the Vermont legal process, the divorce doesn't become absolute immediately.
Vermont has a 90-day "nisi period" after the judge signs the decree. During this time, you're still legally married. The nisi period provides a final opportunity for reconciliation if both spouses change their minds.
In uncontested divorces where both parties agree on all terms, you can waive the nisi period and have the divorce become final immediately after the judge signs the decree.
Once the nisi period expires (or is waived), your divorce becomes absolute. You're legally single and can remarry if you choose.
After the Divorce is Final
The Vermont legal process doesn't necessarily end when the divorce becomes final. You may need to take additional steps to implement the divorce terms.
If the court ordered property transfers, you'll need to sign deeds for real estate, retitle vehicles, and change ownership documents for other assets. Retirement accounts require special court orders called Qualified Domestic Relations Orders (QDROs) to divide them without tax penalties.
Either party can request modifications to support or custody orders if circumstances change substantially after the divorce. You file a motion explaining the changed circumstances and what modifications you're seeking.
If your former spouse doesn't comply with the divorce decree terms, you can file a motion for contempt to enforce the court's orders. The Vermont legal process includes remedies to ensure both parties follow the divorce terms.
Representing Yourself vs. Hiring an Attorney
Many people navigate the Vermont legal process for divorce without attorneys, especially in straightforward, uncontested cases. Vermont provides forms, instructions, and self-help resources through the judiciary website and Vermont Legal Help.
However, certain situations strongly suggest hiring an attorney. Consider legal representation if your divorce involves significant assets or debts, business ownership, retirement accounts, contested child custody, domestic violence, or if your spouse has hired an attorney.
Even in uncontested divorces, consulting with an attorney to review your settlement agreement before filing can prevent future problems. Lawyers understand Vermont legal requirements and can spot issues you might miss.
How Long Does the Vermont Legal Process Take?
The timeline for completing the Vermont legal process varies significantly based on several factors.
Uncontested divorces without children can potentially be finalized in six months from filing if both parties have already lived separately for six months and meet the one-year residency requirement. Many uncontested divorces take 6-12 months total.
Divorces with children take at least six months from the filing date due to the mandatory waiting period, typically finalizing in 6-12 months for uncontested cases.
Contested divorces generally take 12-24 months or longer, depending on the complexity of issues, the amount of discovery needed, court scheduling, and whether the case goes to trial. Complex cases with extensive assets or difficult custody disputes can take two years or more.
Making the Vermont Legal Process Smoother
Several strategies can help your divorce proceed more efficiently through the Vermont legal process.
- Gather financial documents early, including tax returns, pay stubs, bank statements, retirement account statements, and property deeds. Having this information ready speeds up financial disclosure requirements.
- Respond promptly to discovery requests, court deadlines, and your spouse's attorney's communications. Missing deadlines can delay your case or result in penalties.
- Consider mediation seriously if you have disputes. Many issues that seem impossible to resolve can be worked out with a skilled mediator's help.
- Focus on the bigger picture rather than fighting over every small item. Legal battles are expensive and emotionally draining. Prioritize what truly matters rather than arguing about everything.
- Keep detailed records of all communications, expenses related to the divorce, and compliance with temporary orders. Good documentation protects you if disputes arise.
Moving Forward
The Vermont legal process for divorce provides a structured framework for ending marriages fairly while protecting both parties' rights. While the process involves multiple steps and can take months to complete, understanding what to expect helps reduce anxiety and allows better preparation.
Whether you pursue an uncontested divorce through agreement or navigate a contested case through trial, the Vermont legal process ultimately provides closure and allows both parties to move forward with their separate lives. Taking time to understand the process, gathering necessary information, and seeking appropriate help when needed sets you up for the best possible outcome during this challenging transition.